Ethics authorities in New York and Georgia recently issued opposing opinions on whether lawyers can represent clients in navigating what Justice Clarence Thomas last month called the “half-in, half-out regime” related to both recreational and medical marijuana, “a contradictory and unstable state of affairs” that “conceals traps for the unwary.” The issue, which we have
Model Rule 1.2(d)
Does a client transaction raise flags? You might have a duty to inquire further
New legal ethics opinions: CA finally weighs in on pot; ABA opines on would-be clients
The eyes of the nation and of the world have been on crucial issues of racial inequity in the past few weeks following the death of George Floyd at the hands of police. These issues penetrate to the very essence of how we can maintain a just society — issues that likewise go to the…
Lawyers can represent cannabis clients and still comply with state rules, NY ethics opinion says
Last month, the New York State Bar Association Committee on Professional Ethics issued Opinion 1177, reaffirming that the New York Rules of Professional Conduct “permit a lawyer to assist a client in conduct designed to comply with state medical marijuana law,” even though the client’s conduct is prohibited by federal narcotics laws.
Reaffirming an…
Can your client pay with Bitcoin? Ethics issues to consider
Bitcoin has come a long way since 2010 when Laszlo Hanyecz made the first Bitcoin purchase by paying 10,000 Bitcoins for two Papa John’s pizzas – a pizza order that today would have been worth over $80 million.
In addition to the pizza giant, some law firms are now accepting cryptocurrencies in exchange for legal…
NY lawyer censured for conduct in fake “client” consult
Advising a “client” on how to move “grey money” into the U.S. has resulted in an agreed public censure in September for a New York attorney. The lawyer (along with a number of others) was caught on video by Global Witness, a British-based public advocacy group. But the sanction raises some questions regarding the…
Former Uber program to “greyball” riders draws attention to ethics rules
This is a good one for the law school legal ethics class I’m teaching this semester: If a company’s lawyer approves a policy that may be legal in itself, but the lawyer knows that the company will use it to evade the law, has the lawyer violated ethics rules?
An analogous question arose last week…